BHAYANA BUILDERS PVT LTD v. NOIDA CYBER PARK PVT LTD

Delhi High Court · 31 May 2013 · 2013:DHC:8089
Manmohan Singh
ARB.P. 40/2013
2013:DHC:8089
civil petition_allowed

AI Summary

The Delhi High Court appointed a retired ADJ as sole arbitrator under Section 11(5) of the Arbitration and Conciliation Act, 1996 to adjudicate disputes between Bhayana Builders Pvt Ltd and Noida Cyber Park Pvt Ltd.

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HIGH COURT OF DELHI
ARB.P. 40/2013
BHAYANA BUILDERS PVT LTD Petitioner
Through Mi-.Arun Kr. Veima, Adv. with Mr.Ashish Bansal, Adv.
VERSUS
NOIDA CYBER PARK PVT LTD Respondent
Through Mr.T.K. Ganju, Sr. Adv. with Ms.Udisha Sahay, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
3L05.2013 The petitioner has filed the abovementioned petition under Section
11(5) of the Aititration and Conciliation Act, 1996 for appointment of an arbitiator.
Though the petition hasbeencontested by the respondent, however, at the time of hearing of the petition, it is faii'ly agreed by the learned counsel for the respondent for appointment of independent sole ai'bitiator. He submits that some retii'ed ADJ be appointed as sole arbitrator. The suggestion given by the learned counsel for the respondent is acceptable to the learned counsel for the petitioner. Learned counsel for the parties are agi-eeable that Mr.Prem Kumar, retired ADJ, be appointed as a sole
Arbitrator to adjudicate the disputes including their claims and counter claims. As agreed, Mr.Prem Kumar, retired ADJ, Mob. 9873176030, R/o
68F, Pocket F, Alaknanda Gangotri Enclave, New Delhi, is appointed as
2013:DHC:8089 sole arbitrator to adjudicate the disputes between the parties including then claims and counter-claims. The Arbitrator shall conduct the proceedings under the provisions ofthe Arbitration and Conciliation Act, 1996 and shall give prior notice before commencing the proceedings. The fees of the learned Arbitrator shall be payable according to the schedule of fees fixed by Delhi High Court Arbitration Centre under its rules.
The petition is accordingly disposed of Copies of this order be given dasti to the learned counsel for the parties. Acopy ofthe order be also sent to the learned sole Arbiti'ator.
MAY 31, 2013 2013:DHC:8089
JUDGMENT